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Courts Applying Gunn v. Minton Must Distinguish “Forward-Looking” From “Backward-Looking” Patent Issues

Since the Supreme Court’s 2013 ruling in Gunn v. Minton, an increasing number of patent issues are being decided in state courts and regional courts of appeal. This trend appears to be at odds with the system envisioned by Congress, and results from apparent misapplications of Gunn, says Mark Cantor with Brooks Kushman P.C.

Federal Government Wins Trademark Battle to Shut Down “Voice of America” Website with “Undeniable Governmental Aesthetic”

A conservative radio host using the Voice of American URL to espouse political views was causing a confusion which would lead people to believe it was related to the Broadcasting Board of Governors’ Voice of America radio service, the Eastern District of Louisiana court found.

Patent Litigation and the Innovation Economy

A recent study found that VC investment would likely have been at least $8.1 billion higher over the course of a five-year period but for litigation brought by patent assertion firms.

Developments In Mobile Device Electronic Discovery

The collection of data from mobile devices, sometimes necessary for e-discovery purposes, is more difficult than collecting information from computers. […]

Uncertain Privilege: Implied Waiver of the Attorney-Client Privilege in False Claims Act Litigation

In a decision that could have far-reaching implications for the privilege in health care fraud cases, a federal judge’s ruling suggests any time a defendant denies knowledge of engaging in illegal conduct, it may impliedly waive the attorney-client privilege.

Avoiding Holiday Liability

Take a moment to assess the potential legal liability that this holiday season may bring, Matt Milner with Snell & Wilmer says. Some tips to avoid lawsuits, including: use non-religious decorations in the office; know the rules on honoring employees’ religious observances; and, deal with holiday misbehavior sooner than later.

Protect Your Safety Investigations and Deliberations From Prying Eyes

Steps to preserve privilege for the safety team, who encounter and share sensitive information as a vital function of their job.

The Future of the Minimum Wage – 2015 and Beyond

With roughly 20 percent of state-level jurisdictions passing minimum wage laws in 2014, each establishing multiple increases over time, and recent changes to how minimum wage compliance is measured, Littler issued an examination of rule changes and the impact minimum wage increases may have on the compensation of some overtime-exempt employees, local minimum wage laws, and recommendations for managing minimum wage increases.

EEOC’s Tough Stance on Employee Separation Agreements

Now might be the time to take another look at those documents, lest the Equal Employment Opportunity Commission looks first.

Mediation Strategies and Considerations

If used properly, mediation remains an effective means of resolving even the largest and most complicated disputes, writes Cole, Schotz, […]

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